HomeMy WebLinkAbout05-03-11~`
FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE
In the estate of
THELMA I. AMNOTT
THIS FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE is made this
~~~' day of , 2011 b and amon Sherri L. Dove and Ton a
Y g y
J. Mills (herein jointly referred to as "Beneficiaries") and Sherri L. Dove, Executrix of the Estate
of Thelma I. Amnott, deceased (hereinafter referred to as "Executrix").
In accordance with the desire that the administration of the Estate of Thelma I. Amnott be
terminated without the expense and delay of a court accounting, the parties hereto, in
consideration of the mutual covenants herein expressed and intending to be legally bound,
hereby agree that:
WHEREAS: Thelma I. Amnott died December 26, 2010, leaving a Will date March 10,
1995, a copy of which is attached hereto, labeled Exhibit "A" and made a part hereof=; and
WHEREAS: Letters Testamentary of the Estate of Thelma I. Amnott were; duly issued
by the Register of Wills of Cumberland County, Pennsylvania, on January 2;5, 2011, to
Executrix, a copy of which is attached hereto, labeled Exhibit "B" and made a part hereof; and
WHEREAS: Executrix has gathered the assets, consisting of personal property, of the
Estate of Thelma I. Amnott. The Accounting of the Estate by Executrix, by way of the
Inheritance Tax Returns, consisting of an original return which is attached hereto acid made part
hereof as Exhibit "C", constitutes the assets gathered, the debts paid, the disbursements made,
and the distribution to all respective parties hereto; and
WHEREAS: The balance/remainder of the Estate property has been distributed by the
Administrators in accordance with this Family Settlement Agreement, and as stated in the
Statement of Account (Exhibit "C"); and
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WHEREAS: Under the said Will, the following beneficiaries have an interest in the net
Estate of Thelma I. Amnott:
Sherri L. Dove, Daughter of Decedent: One half of Net l~state
Tonya J. Mills, Daughter of Decedent: One half of Net I?state
NOW THEREFORE, Beneficiaries, do hereby acknowledge that each has lbeen notified
by Executrix in her capacity as Executrix of the Estate of Thelma I. Amnott, of full satisfaction
and payment of all sum or sums of money, legacies, bequests, and devises as given., devised and
bequeathed to us pursuant to Pennsylvania Code, which amounts each does acknowledge; and
which amounts, are in the amounts set opposite the Distributions to Each Beneficiary in the
Inheritance Tax, and to be distributed as attached hereto and made part hereof.
Advice of Counsel
We, Beneficiaries, hereby acknowledge that this Family Settlement Agreement and Final
Release contains provisions which may waive legal rights and assume legal responsibilities and
encumbrances, or has other legal consequences, and that We have been informed to seek the
advice of counsel before signing said Agreement.
The above named hereby acknowledges that each has freely chosen to sign this Family
Settlement Agreement and Final Release without the consent or advise of legal counsel. That
each was given the opportunity to seek legal counsel to review this Agreement prior to signing,
but choose instead to sign without such counsel.
The above named acknowledges that each is of sound mind and disposition. We have
read and understand the nature and importance of this Agreement, that we consider the
provisions of this Agreement to be fair, just and reasonable, that we enter into i~t freely and
voluntarily.
Agreement to waive filing of formal account
We, beneficiaries, hereby stipulate that in order to avoid the expense and time involved in
the filing of a formal account and schedule of distribution, we agree that no account is necessary
and we hereby agree that we consent to distribution being made without the filing of an account
and schedule of distribution, with the same to be with the same force and effect a.s if they had
been filed and confirmed by the Orphan's Court Division of the Court of Common Pleas,
Dauphin County, Pennsylvania.
Waiver of Liability
We, Beneficiaries, hereby remise, release, quit-claim and forever discharge
Executrix, in her capacity as Executrix of the Estate of Thelma I. Amnott:, her heirs,
executors, and administrators and assigns, and agents, of and from the said Estate and
from all actions, suits, contests, payments, accounts, reckonings, claims anal demands
whatsoever for, or by reason thereof, or for any other use, matter, cause or thing
whatsoever touching upon the Estate.
Assumption of Liability
We, Beneficiaries, FURTHER HEREBY COVENANT AND AGREE THAT,
SHOULD ANY LIABILITY COME DUE TO THE ESTATE OF THE SAID DECEDENT
AFTER THE SIGNING OF THIS AGREEMENT, WE, AS BENEFICIARIES UNDER
SAID WILL, SHALL CONTRIBUTE TO THE ESTATE IN ORDER TO SATISFY ANY
AND ALL CLAIMS, DEMANDS, SUITS OR CAUSES OF ACTION WHICH MAY BE
SUCCESSFULLY PROSECUTED AGAINST THE SAID ESTATE OR THE
AFORESAID ADMINISTRATORS OR AGENTS OF THE ESTATE, AFTER THE
SIGNING, SEALING AND DELIVERY OF THIS FAMILY SETTLEMENT
AGREEMENT AND FINAL RELEASE.
SIGNATURES
IN WITNESS WHEREOF, the parties to this agreement, intending to be legally bound,
hereby have set their hands the day and year first above written.
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Sherri L. Dove, Daughter of Decedent
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Tonya J. ills, aughter of Decedent
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Sherri L. Dove, Executrix
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ACKNOWLEDGMENT
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COUNTY OF ~ o C 1 L_
On this the ~ S of /~.. Jc ~ ~ ~ 2011, beiFore me, the
undersigned officer, personally appeared Sherri L. Dove, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Agreement and acknowledged
that she executed the same for the purposes therein contained.
~~~~~~~~~~STEPHEN~HAYNES ~~~~~~~~~:
,~~~~~,y'~~,,,, Comm# DDp689798
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF ~<<n~~ i ~
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On this the _~ of ~ ~ 2011, before me, the
undersigned officer, personally appeared Tonya J. ills, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contain
My commission expires:
NOTARIAL SEAL
JOSEPH CARACIOlO
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
My Commission Expires Oct 21, 201+